§ 313-125 Wetland Buffer Areas | Humboldt County Code

313-125 Wetland Buffer Areas

The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))

These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))

These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))

The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))

Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))

125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))

125.5.2250 feet from the wetland, where the nearest paved road or forty foot (40') contour exceed this distance. (Former Section CZ#A314-10(E)(b))

125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))

The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A314-10(F))

125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))

125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))

125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))

125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))

Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))

125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))

125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))

125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))

125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))

125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))

Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in Chapter 2, Procedures, Supplemental Findings (312-39.15), are made. (Former Section CZ#A314-10(H))

All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))

125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))

125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))

125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A314-10(I)(3))

125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))

125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))